Byler v. Suttles

Plaintiff-appellant Joe W. Byler (“By-ler”) is a contractor who was hired to construct a house for defendants-appellees, Ernest A. and Jeanette B. Suttles (“Sut-tles”). Because of a failure to agree on certain aspects of the job, both parties ceased to honor the original agreement in the Fall of 1969. On January 7, 1969, the parties agreed that all work was to be completed by January 13, 1969. Byler testified during discovery that the Suttles’ home was “99.9% complete on January 13, 1969.” Byler returned to the premises on February 21, 1969, to perform some unrequested labor for which the…